When you are accused of a crime, the possibility of going to prison can be incredibly overwhelming. As such, you may experience considerable relief when you are sentenced to probation. However, it’s important to understand the common terms you may be subjected to and what can occur should you violate these conditions. The following blog explores what you should know about these matters, including the importance of working with a Blue Bell criminal defense lawyer to assist you during these overwhelming times.
What Is Probation and What Are Common Conditions?
First and foremost, it’s critical to establish that parole and probation, despite both being forms of community supervision that can be extended to those convicted of crimes, are two different things. Unfortunately, these are often used interchangeably, which can cause confusion.
Parole is an early release option for eligible inmates that allows them to serve the remainder of their sentence outside of prison. Probation, on the other hand, is a sentence in place of prison. As such, someone on probation can serve their prison sentence outside of jail. As such, they will not be first remanded to prison. The primary goal of both is to allow the prisoner to reintegrate into their community while spending time outside of jail.
It’s also necessary to note that probation is overseen by the court, as ultimately it is up to the judge to order this sentence. Parole, however, is handled by the state Parole Board, which must deliberate before the prisoner can be released.
In general, the terms of your probation will vary based on the circumstances of the crime committed. For example, someone convicted of felony drunk driving may need to participate in an alcohol education course, while someone accused of fraud may need to partake in community service. However, some terms, such as maintaining employment, abstaining from drug use, avoiding other convicted criminals, and refraining from committing other criminal acts, generally apply to all placed on probation.
What Consequences Can I Face if I Violate These Terms?
If you are accused of violating the terms and conditions of your probation, it’s important to understand what to expect. In Pennsylvania, violations are generally treated as criminal offenses, and as such, a warrant may be issued for your arrest. Once in custody, you may be eligible to post bail before your violation hearing. It is at this hearing that each party, meaning the prosecutor and your defense attorney, will present evidence. It’s important to note that you are not entitled to a jury trial, but the case will be heard before a judge.
Ultimately, if the judge does find that you have violated your probation, they can issue a number of potential sentences. In some cases, minor violations can warrant an extension on your probation or increased terms that make the punishment harsher. However, serious violations may result in the judge ordering you to serve the remainder of your sentence in prison.
As you can see, probation violations are not a matter that should be taken lightly. That is why it’s in your best interest to explore your legal options to determine the best possible outcome for your circumstances. At Mudrick & Zucker, P.C., our firm understands how overwhelming it can be to face accusations that you have violated probation. That is why our team will explore all possible avenues to help you fight for the best possible outcome. When you need help, our firm is here. Contact us today to learn how we can represent you.
